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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

I panicked and left

30 replies

Hazelnutmist · 02/12/2024 22:10

Can anyone advise me. I literally panicked and left the country because I was told I would be sent to prison and have my kids taken away from me. Now after a few months I've managed to calm down, maybe i overreacted (a lot?) and did not need to.
I was told by fraud investigation officers that I had £25,000.00 in undeclared stocks. This account was set up years before I claimed benefits. I didn't even know this money existed so I was shocked. Putting 2 and 2 together, I realised it was almost definitely my parent who opened this account for me but our relationship broke down and we haven't been on speaking terms for many years. I was honest and told the officers I didn't know this account existed and the money that was put in it did not come from my account (which is easily proven). I was told that I would most likely go to prison and I completely freaked out! I'm a single parent with small children and the thought of being taken away from my kids terrifies me. I am all they have and they are all i have left in this world. So I moved abroad soon after my interview (I was already planning this for a long time as I've been struggling with the cost of living and mental health being alone in uk).
I've been considering coming back to uk, now that i've managed to calm down, and hoping it will be OK. I have been truthful and been cooperating with dwp till now even while abroad. Does anyone with experience here think that I could be prosecuted? Thank you for reading and please be kind, I don't have any adult family members to go to for advise.

OP posts:
MMOC · 03/12/2024 15:29

You need to contact the Fraud investigator who is responsible for your case and have the interview.
Are you willing to use the 25k to pay the debt back? If you are you won’t go to prison

Chowtime · 03/12/2024 15:59

I think I'd stay where I was. I'm guessing you're in Ireland.

Cost of living still high here.

colesr · 03/12/2024 16:00

Livelovebehappy · 02/12/2024 23:42

How are you surviving whilst abroad? Are you working and presumably managing without benefits?

Well OP had £25k when she left...

ItGhoul · 03/12/2024 16:49

Mumsnet is really not the place for advice on this. You run the risk of being told the wrong stuff by well-meaning but poorly informed people on here. You need to consult a lawyer.

JohnofWessex · 03/12/2024 20:45

So, I used to do this sort of thing for a living - but not fraud or for the DWP

The Courts are not the place to sort out Social Security Issues, as is often pointed out by the Social Security and Child Support Tribunal.

So, what SHOULD happen is that the DWP needs to make a decision that you have been overpaid and the amount.

This decision is appealable.

Details of how to do it are at

https://www.gov.uk/appeal-benefit-decision

What the Tribunal will do is decide IF you have been overpaid, if it is repayable by you AND the amount of the overpayment which for various reasons may NOT be what the DWP says it is.

The Criminal Trial MUST NOT take place until the appeal has been heard, the reason being that until you have exhausted the Appeal process there is no confirmation that there is an overpayment, its amount and if it is recoverable.

The Upper Tribunal have made some pointed comments about the inability of the Criminal Courts to deal with benefits legislation

When the existence of the overpayment and its amount have been confirmed AND ONLY THEN can the criminal trial take place. Bear in mind that in the sentencing process the amount of the overpayment will be relevant.

You will need specialist benefit advice, I suggest your local Citizens Advice is a place to start or a Law Centre.

I am not qualified to comment on the behaviour of the DWP Investigators but those with a knowledge of Criminal Law may be able to comment

Failing that contact me

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